KU officially enters an appeal on behalf of Silvio De Sousa
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@FarmerJayhawk Don’t you think the time he’s spent on the bench last season watching this team disintegrate before his eyes should be punishment enough?
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nuleafjhawk said:
@FarmerJayhawk Don’t you think the time he’s spent on the bench last season watching this team disintegrate before his eyes should be punishment enough?
Beyond a shadow of a doubt, yes. If we had Silvio out there instead of McCormack, we’re a different team down the stretch.
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nuleafjhawk said:
@FarmerJayhawk Don’t you think the time he’s spent on the bench last season watching this team disintegrate before his eyes should be punishment enough?
I can’t speak for others, but I know I felt punished.
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@bskeet fo shizzle.
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@bskeet actually, my “give a hoot” meter was down further this year than i ever remember. After the first couple of losses, and it was apparent that we weren’t really a top 10 (or probably even Top 25) team - not a single loss that we incurred bothered me.
I would routinely turn the channel during a game and watch “The Voice”, " " Fixer Upper ", or old reruns of “Gunsmoke”. I just had no desire to watch us fall apart at the seams.
That last game against Auburn, when it was 15-5 I was done. I don’t know what I did, but I knew I wasn’t going to watch that garbage.
I don’t expect to win the NC every year. But I would sure like to see us field a team that is competitive and keeps me watching until the end every game.
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@Kcmatt7 @FarmerJayhawk Do we think … maybe … just maybe … it’s more than about just $2,500? I think we can put 2 and 2 together and figure out that if a kid gets a two year suspension, it isn’t over $2,500. Right?
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@HighEliteMajor KU even admitted to another $20,000.
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@HighEliteMajor Oh I’m sure. My thought is that it doesn’t hurt Silvio in any way to fight this until he can’t anymore. And it would probably cost the NCAA a hell of a lot in litigation fees if this ever did go to trial in any way shape or form. Especially if Silvio rushed it and his only caveat was eligibility for this year and not even monetary. I would think that this is the type of thing the NCAA would like to avoid.
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BeddieKU23 said:
Was submitted today.
I figure the NCAA will get around to it in 2025
Come on I believe in the NCAA. They’ll have their decision made on the first Monday of April 2020.
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This is from the Wichita Eagle:
https://www.kansas.com/sports/college/big-12/university-of-kansas/article229414259.html?
Among other information, it quotes the guardian as saying he did not agree to accept $20,000 to steer SDS to KU
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… but, you know, if that $20,000 somehow falls in my pocket, I can’t stop it, and then, who knows where he’ll go to school?
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“Falmagne told The Star that he did indeed receive $2,500 in cash in the mail. He told The Star it was not apparent who sent the money. He told The Star he gave the money to charity — a church in Florida. Falmagne said the NCAA was aware of this and has receipts of the transaction that he provided to the organization.
“He said it was not true that he agreed to accept $20,000 for securing De Sousa’s enrollment at Kansas.
“That did not happen. There’s nothing there,” Falmagne told The Star.
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For those that want more information about the Appeal, why it took 75 days to file Matt Tait published an excellent article about it. Does give some detail although not all confirmed.
In a 20-page document titled “NCAA DIVISIONS I, II AND III COMMITTEES ON STUDENT-ATHLETE REINSTATEMENT POLICIES AND PROCEDURES” which was updated last December, the NCAA lists two different types of appeals processed by the Student-Athlete Reinstatement committee. The first is dubbed “Reinstatement of eligibility appeals – violations.” And the second is titled, “Waivers and extension request appeals.”
Efforts to gain clarity through both KU and the NCAA have been unsuccessful thus far, but it seems to me that De Sousa’s appeal would fall under the first classification.
If that’s the case — again, if — the timeline for reviewing the appeal would fall under the following parameters. “Review of a violation appeal by the appropriate divisional committee via paper review will generally take seven business days.”
For what it’s worth, if De Sousa’s appeal for some reason falls under the other category — though I can’t see how it would qualify as a waiver or extension request at this point — the review is said to “generally take three weeks.”
A couple more interesting tidbits I discovered while reading the document include the following:
• The SAR committees, which are made up of members within the NCAA, “have one or two scheduled appeal times each week.” Furthermore, “appeals will be scheduled during these times unless pending competition or a student-athlete’s class schedule warrants review during another time. Appeals will be scheduled based on date of receipt of appeal and pending competition.” It has to be considered good news for people in the De Sousa camp that these reviews are a regular thing within the NCAA’s daily and weekly business. No waiting until the end of the month or the end of the quarter to hear the case.
In fact, according to the latest data available on the NCAA’s web site, 830 reinstatement requests were processed by the SAR during the 2015-16 academic year. What’s more, the NCAA points out that an astonishing 99 percent of those resulted in the student-athlete being reinstated, though some, as pointed out with the data, required a condition.
• As for why KU waited 75 days after learning of De Sousa’s suspension to file the appeal, this section may provide a little clarity on that matter, though nothing specific is known and, as of the time of posting this, KU had declined to comment.
“For all appeals handled by the committees, all factual and interpretive disputes must be resolved prior to the divisional committee reviewing the matter. Prior to consideration of the matter, the reinstatement staff will make available to the members of the divisional committee the institution’s request and the information on which the reinstatement staff based its decision. The institution will receive a copy of the same information. The reinstatement staff shall include applicable case precedent in the appeal materials.”
So it’s possible that KU, while working with De Sousa and his lawyer, have been seeking to resolve “factual and interpretive disputes” for the past couple of months so the appeal could be filed.
If so, the above section indicates that the SAR committee may have heard/seen/read at least some of the details of De Sousa’s situation, at least in some manner, which, one would think, might make it easier and quicker for them to review the appeal now that it is officially in their hands.
• Finally, without knowing exactly whether the appeal will be reviewed in person, via teleconference or on paper, it’s hard to know what the proper procedure will be from here. But the following section outlines what will happen in the case of a review that is heard by the SAR via teleconference. “For all appeals conducted by teleconference, at least one of the following institutional representatives must participate: chancellor or president (or individual designated by the chancellor or president); faculty athletics representative; senior woman administrator; director of athletics; or compliance officer. In addition, the institution’s legal counsel and the prospective student-athlete’s or student-athlete’s legal counsel may participate.”
“Coaches and sport-specific noncoaching personnel (e.g., director of basketball operations) are prohibited from participation on a teleconference appeal unless the individual also serves in a previously mentioned capacity at the institution.”
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@Gorilla72 Do you believe Falmagne?
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Does anyone believe Falmagne?
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HighEliteMajor said:
Does anyone believe Falmagne?
I don’t
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No one forget Cam Newtons dad got 200k and they “Closed that loop hole”
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I have no reason not to believe Falamagne. He has receipts and has denied receiving money. While he may have wanted the $60K, I see nothing verifying he took it or the $20K. KU stipulated to it, but that was to get resolution for SDS, wasn’t it? The NCAA didn’t move on his case until the stipulation, meaning they didn’t have enough until then. The NCAA just held SDS hostage…
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So many here live in a fantasy world. Everyone is cheating, this is college basketball now. Money, grades, EVERYTHING is fake. Go back and look at how many actual stars(Larry Johnson and Glenn Robinson just to name 2) couldn’t get the grades to play their freshman year when prop 48 started. Now? Nobody is ineligible. They are all taking joke classes and getting paid somehow. It is a farse.
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BigBad said:
So many here live in a fantasy world. Everyone is cheating, this is college basketball now. Money, grades, EVERYTHING is fake. Go back and look at how many actual stars(Larry Johnson and Glenn Robinson just to name 2) couldn’t get the grades to play their freshman year when prop 48 started. Now? Nobody is ineligible. They are all taking joke classes and getting paid somehow. It is a farse.
Grades are not fake. SOURCE: teaching college courses is my job and I’ve had quite a few players. I have close friends in the academic part of several AD’s. Athletes get additional resources but the classes are the exact same as anyone else.
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I think you and @BigBad are both right. We have been made aware of academic violations from big players, like UNC and Syracuse.
I expect that this is going on any many schools. But there are also many schools operating above board.
Time will tell.
The DOJ is completely understaffed to handle the wide scale crime going on in our country. They have to limit focus based on manpower and overhead.
I expect to see a bit more of a broad sweep on academic crime eventually… kind of like what we are now seeing on their “pay to play” bust on elites buying their kids way into schools. I think it is fair to assume their bust was meant more to warn the world that there is a risk they run doing this because they only scratched the surface.
We all need to drop our current careers and go work on passing the bar. Hate to say it… we all complain about how lawsuits are damaging our way of life… just wait! The tsunami hasn’t hit yet!
Look at that “pay to play” elite bust… it is opening up all kinds of legal challenges… class action lawsuits involving millions of people.
I’m still waiting to hear about a class action lawsuit brought by past athletes who feel they have been damaged by these proven academic cases. I know there are cases outstanding now involving non-athletic students. I’m guessing the student-athletic case or cases are already out there.
When will this ever stop?
Remember the line, “nothing is certain except death and taxes?”
Time for a revamp, “nothing is certain except death, taxes and lawsuits!”
I expect that to become popular soon, so I better complete my copyright on that so I can sue people for using it!
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@Gorilla72 - I tend to be more influenced by the following info, which is some of the info vs. the self-serving statement from this clown. This might convince you “not to believe” Falmagne. Importantly, put that together with the fact that the NCAA suspended SDS for two seasons. Why would they do that? Remember, Gatto admitted making the payment. That fact was stipulated in the trial. There was no need for the government to prove that.
"The scheme participants also agreed to make payments to the legal guardian of another student-athlete who was a top-rated high school basketball player ("Guardian-1") in order to secure the commitment of the student-athlete to attend the University of Kansas rather than another school sponsored by a rival athletic apparel company. In or around August 2017, Guardian-1 informed CC-3 that Guardian-1 had received illicit payments in return for a commitment to steer the student-athlete to a university sponsored by a rival athletic apparel company. According to Guardian-1, the student-athlete was more interested in attending the University of Kansas, but Guardian-1 would need to repay the illicit payments in order to do so."From Gatto’s lawyer, where Gatto admitted making the payment - Additionally, Donnelly acknowledged that Gatto provided a $20,000 payment to recruit Silvio De Sousa, who attends Kansas, which is sponsored by Adidas. He did so, however, only after “Under Armour had paid for De Sousa to [commit] to the University of Maryland. Jim was asked if Jim could match the offer so [De Sousa] could go to Kansas,” Donnelly said, not specifically naming who asked for the offer to be matched.
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@FarmerJayhawk I was talking about prior to college and the SATs. Derrick Rose cheated on his SAT. The Hollywood people paid others to take the exam.
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Per Sam Mellinger of the Star Silvio will declare for the draft. If he wins his appeal his will return to Kansas though.
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@BigBad Sorry, you said they’re all taking joke classes and didn’t specify where.
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Silvio declared for the draft today.
http://www2.kusports.com/news/2019/apr/19/silvio-de-sousa-declares-nba-draft-will-return-ku-/
De Sousa said he would return to KU if he’s allowed to play during the 2019-20 season.
“I will be back for sure,” he said.
And if the appeal is denied?
“I will be gone for sure,” De Sousa explained.
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I gave up caring after that
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I just hear Silvio’s interview about his decision to declare for the draft. - -I gotta say man - I feel really bad for the kid. - -I mean sure just seems like Silvio just got caught in the middle of this crap.
You could hear his passion for the game, talking about his mom had always raised hi to be a good kid - -this is a guy that just wants to play. - He was asked what was the hardest thing for him when he found out the ruling? - -He said the thing that hurt the most was - - -being able to show what type of player he was. -
He talk about that day being the hardest for him - - -talking to his girlfriend and asking her if she had heard - - she said yes, and something about her asking him if he just wanted to forget it for the day do something to get away take his mind of - -he said no
He talked about saying he just wanted to go work out - -went and worked out and shot ball for like 6 hours and working out - -ya know - -probably taking out his aggression. - His attorney said he text Silvio that night and he was still working out at like 10:30 that night. – This kid IS THE POOCH getting screwed in this whole Scenario
This whole scenario with him is Bullshit - -ya I know money was given - -was it given to Silvio? - - - umm NO maybe his so called guardian - and I do believe that Silvio had nothing to do with this his guardian - -more likely then not - -but Silvio is the one having to suffer the consequence, - Plus I really do believe him when he says if he gets cleared /penalty reduced he will be back very easily could be settled in the next week - hoping for the ebst. – ROCK CHALK ALL DAY LONG BABY
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@BeddieKU23 something against Silvio? Just wondered?
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Nope. I feel for the kid. But I dont feel for the situation its created. And if leaving school is what he thinks is best then so be it. I’ll root for the kids that actually come back
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@BeddieKU23 he’s positively coming back if cleared. Can you blame him for leaving if not?
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His position is very understandable, he has few choices as thing stands. Sitting the bench another year will gain him nothing basketball wise and probably hurt his pro options. Leaving now would give him at least some oversea’s exposure and likely some time in G-league or whatever it’s called now. Who knows, he is pure potential maybe someone in the NBA will take a flyer on him. From what little we saw he has a chance to be really good in time and that time is probably sooner rather than later. Stating that if he is given the chance to play next year he will be back and he would much prefer that to be the way things falls agrees with what I wish for the young man.
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Crimsonorblue22 said:
@BeddieKU23 he’s positively coming back if cleared. Can you blame him for leaving if not?
I don’t blame him at all if he leaves. He has the choice. Hes halfway there now.
I’ll root for him if he comes back. He quickly became one of my favorite players in his short time. Loved his positive attitude on the team this year despite the situation.
The problem is if he is cleared and the program is punished for his indirect or direct involvement (which I dont believe happened) its going to be a real sticky situation here. I guess we should get the popcorn ready
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Any news yet? I thought I understood that this appeal falls under one of two categories. One having a decision in about seven days and the other 14.
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rockchalkwyo said:
Any news yet? I thought I understood that this appeal falls under one of two categories. One having a decision in about seven days and the other 14.
it does - -but nothing I’ve heard yet. - -ROCK CHALK ALL DAY LONG BABY
